Mediation in family law helps many couples avoid mitigation. In fact, a Texas court might require mediation before taking their case to trial.
What is mediation?
Mediation is a type of alternative dispute resolution. An impartial person, called a mediator helps couples explore their options to arrive at a settlement agreement. The mediator’s objective is to reach a common ground.
How does the mediation process work?
The sessions typically last an hour and a half to two hours. Usually the mediator will meet in separate rooms with each party and their lawyer. They discuss the issues a couple has in conflict. Discussing the disputed issues may involve addressing:
- Child custody
- Child support
- Property division
- Modification of court orders
- Other family law issues
Cooperation and fostering a collaborative atmosphere are encouraged. When sessions conclude, the mediator will submit a draft of the outcome to the couple’s lawyers.
How does the cost of mediation compare with litigation?
Typically, mediation is less expensive than courtroom litigation. This is due to the fact that mediation generally involves less. It also involves less effort to resolve contested issues than a courtroom trial. In fact, A Texas court may set a reasonable fee for the mediator’s services.
Are there other benefits to using mediation?
Aside from confidentiality and cost, you may find greater flexibility for scheduling. You don’t have to deal with court dockets. Additionally, you’ll have greater flexibility for conducting mediation remotely. Along with counsel’s help, both parties can choose the mediator. Also, stress between parties might be less than during litigation. Based on a study done by the University of Virginia, published in The Journal of Consulting and Clinical Psychology, mediation was effective in not increasing co-parenting conflict in child custody cases.
If you’re considering mediation for a family law issue, it would be wise to get a legal opinion. For more information, discuss this option with Attorney Lindsey J. Wilson.
The Law Office of Lindsey J. Wilson provides legal representation for clients in cases involving family law, custody and support, divorce, property division and modifications and enforcement.